Eagle-Tribune: Outdated Antiquities Act needs revisions

August 28, 2017 — The announcement last week that Interior Secretary Ryan Zinke had wrapped up his review of 27 recently established national monuments did little to lessen the controversy surrounding their status. Zinke’s unwillingness to be transparent about his review and its results all but guarantees a legal quagmire.

While most of the attention has been focused on Utah and the newly created Bears Ears National Monument, there are also high stakes in New England, where fishermen, boaters and environmentalists are waiting to see how the Trump administration views the Northeast Canyons and Seamounts Marine Monument.

All sides are already threatening lawsuits, so no matter the outcome, the issue will likely not be settled for years.

“The fate of these treasures shouldn’t be left hanging in the balance,” Peter Shelley, senior counsel for the Conservation Law Foundation, said in a statement last week. “Some 3 million people — more than 98 percent of the commenters — voiced their support for keeping our national monuments intact. Submitting recommendations that defy the will of the American people and then withholding these recommendations from the public is utterly unacceptable. The president has no legal authority to alter national monuments, and we will take him to court if he tries.”

If anything, the debate over Canyons and Seamounts shows the need for Congress to update the outdated Antiquities Act, which allows presidential administrations to designate and reshape national monuments with little or no oversight.